Farrington & Belkis (Recusal Application) (No 2)

Case [2023] FedCFamC2F 1343


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Farrington & Belkis (Recusal Application) (No 2) [2023] FedCFamC2F 1343

File number(s): CAC 924 of 2021
Judgment of: JUDGE W J NEVILLE
Date of judgment: 19 October 2023
Catchwords: FAMILY LAW – Parenting – recusal application – contentions by the Father that various interim Orders constituted alleged “findings” and which were said to be adverse to him, was patently incorrect and showed significant misunderstanding by the Father of both the Court’s processes and the nature of and distinction between interim and final Orders – the Father’s recusal Application was brought so late in the final hearing, which remains part-heard, that according to authority, it amounted to waiver because the Father waited so long to raise any concerns about either matters of procedure and matters of evidence, both when he was legally represented and when he was self-represented – even after bringing his recusal Application, and it being heard, the Father filed a further Application in which he sought that the trial Judge (against whom the recusal Application was filed) hear that Application – the Father is ex-defence forces but has erroneously sought to apply to the Court (and the lawyers who appear before it) certain rules and procedures from the Australian Defence Force, including that, somehow, the Court is responsible for any and all communication between lawyers, outside Court, that impacts or may do so, the litigation, which again highlights the Father’s failure to appreciate the role of lawyers and their duties to the Court, including and especially the duty of lawyers appearing in the role of Independent Children’s Lawyer – recusal Application refused – costs of all other parties, including the ICL and the Director-General, reserved..
Legislation: Family Law Act 1975 (Cth)
Cases cited:

Antoun v The Queen (2006) ALJR 497; (2006) 224 ALR 51

British American Tobacco Australia Services Limited v Laurie (2011) 242 CLR 283

Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Johnson v Johnson (2000) 201 CLR 488

Re JRL; Ex parte CJL (1986) 161 CLR 342

Michael Wilson & Partners v Nicholls (2011) 244 CLR 427

Smits v Roach (2006) 227 CLR 423

Vakauta v Kelly (1989) 167 CLR 568

Division: Division 2 Family Law
Number of paragraphs: 74
Date of hearing: 16 August 2023
Place: Canberra
Applicant  Self-represented
Counsel for the Respondent  Mr J Haddock
Solicitor for the Respondent Bevan & Co
Independent Children’s Lawyer Robinson + McGuinness Family Law

ORDERS

CAC 924 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR FARRINGTON
Applicant

AND:

MS BELKIS
Respondent

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

19 OCTOBER 2023

UNTIL FURTHER ORDER, THE COURT ORDERS THAT:

1.The Applicant Father’s Application in a Proceeding filed 16th August 2023 be dismissed.

2.The costs of the Applicant Mother, the Director-General and the Independent Children’s Lawyer of and incidental to the Applicant Father’s Application…

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AGLC
Farrington & Belkis (Recusal Application) (No 2) [2023] FedCFamC2F 1343
Case
[2023] FedCFamC2F 1343
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Farrington & Belkis (Recusal Application) (No 2) involved a dispute between Mr Farrington and Ms Belkis concerning parenting arrangements. The matter was part of a protracted family law dispute. The key issue before the court was whether the trial judge should be recused due to alleged bias, as argued by the applicant, Mr Farrington. Mr Farrington contended that various interim orders made by the court constituted adverse findings against him and that he misunderstood the distinction between interim and final orders. He further argued that the court should not have allowed certain communications between lawyers outside of court.

Judge W J Neville dismissed the application for recusal. The judge found that Mr Farrington's application was made too late in the proceedings, which were still part-heard, amounting to a waiver of his right to challenge the judge's impartiality. Additionally, the judge noted that Mr Farrington had an erroneous understanding of the court's processes and the role of lawyers, particularly the Independent Children's Lawyer. The judge highlighted that Mr Farrington had attempted to apply rules from the Australian Defence Force to the court, further demonstrating a misunderstanding of the court's procedures. As a result, the recusal application was dismissed, and the costs of the application were reserved for determination at a later date.

Orders

Orders of the court

CAC 924 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR FARRINGTON

Applicant

AND:

MS BELKIS

Respondent

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

19 OCTOBER 2023

UNTIL FURTHER ORDER, THE COURT ORDERS THAT:

1. The Applicant Father’s Application in a Proceeding filed 16th August 2023 be dismissed.

2. The costs of the Applicant Mother, the Director-General and the Independent Children’s Lawyer of and incidental to the Applicant Father’s Application in a Proceeding filed 16th August 2023 be reserved.

3. The matter be listed for re-opened Final Hearing on 14 November 2023 at 10:00am in CITY V, in relation to those issues post-dating 28 April 2023.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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